November 2000 Commission
Meeting

REGULATIONS COMMITTEE
November 8, 2000

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item could be
eligible for consent
agenda.

This item seeks adoption
of proposed rulemaking required
by House Bill 1, 75th Legislature,
which requires the Department
to review all regulations
and either repeal, amend,
or readopt them. The item
addresses a suite of regulations
in 31 TAC including:

Chapter 51 – Executive

Chapter 52 – Fisheries
and Wildlife

Chapter 55 – Law
Enforcement

Chapter 61 – Design
and Construction

ITEM 3: BRIEFING – Statewide
Hunting and Fishing Preview

Presenter: Paul Hammerschmidt,
Phil Durocher, Gary Graham

ACTION: Committee
review and discussion.

This item briefs the Regulations
Committee on potential changes
to the 2000-2001 Statewide
Hunting and Fishing Proclamation.
The potential changes include:

WILDLIFE

Expansion of the Youth-Only
season for deer, turkey,
and quail by adding seven
new weekends

Elimination of permit
restrictions for antlerless
deer during the muzzleloader-only
season on U.S. Forest
Service, Corps of Engineers,
Trinity River Authority
and Sabine River Authority
lands in 11 East Texas
counties

Expansion of the LAMPS
program into three additional
counties

Increasing the bag limit
by one antlerless deer
in 14 counties of the
northern Edwards Plateau
(five deer, no more than
two bucks)

Increasing the bag limit
by one buck in 12 South
Texas counties (five deer,
nor more than three bucks)

Opening the deer season
in 29 South Texas counties
on the first Saturday
in November, rather than
the second

Authorizing the use
of Antlerless and Spike-buck
Deer Control Permits statewide
from the Saturday nearest
September 30 through the
least day of any open
season in a given county

Expansion of the spring
season for Eastern wild
turkey into five additional
counties

Open a season for javelina
in one additional county

INLAND FISHERIES

Simplification of smallmouth
bass regulations on seven
reservoirs by decreasing
minimum length restrictions
from 18 inches to 14 inches
and increasing daily bag
limit from three fish
to five fish

Improvement of fishing
quality on Lake Sweetwater
by eliminating the 14-inch
length limit and implementing
a 14-18 inch slot limit

Improvement of fishing
quality on O.H. Ivie Reservoir
by eliminating minimum
length restrictions for
largemouth bass and allowing
only two fish of less
than 18 inches to be retained
per day

Improvement of fishing
quality on Pinkston Reservoir
by increasing the slot
limit from 14-18 to 14-21
and allowing only two
fish of greater than 21
inches to be retained
per day

Prohibit the use of
trotlines, juglines, and
throwlines on two reservoirs
in Fannin County

COASTAL FISHERIES

Increase the recreational
and commercial bag limits
for Spanish mackerel to
be compatible with rules
implemented in the federal
waters of the Exclusive
Economic Zone

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item could be
eligible for consent
agenda.

Regarding the Establishment
of a Rule Mandating Spotted
Seatrout, Flounder, and
Red Drum Landed in Texas
Comply with Established
Texas Bag and Size Limits.

On August 30, 2000, Mr.
Jerry Norris presented a
petition for rulemaking
that was signed by 569 individuals
(Exhibit A) to the Commission.
The petition requests that
any spotted seatrout, flounder
or red drum landed in the
counties of Jefferson and
Orange, Texas must meet
with established Texas bag
and size limits required
for those fish.

Mr. Norris and the petitioners
expressed the following
concerns about populations
of spotted seatrout, flounder
and red drum in Sabine Lake:
1) a large number of anglers
were landing Louisiana limits
in Texas; 2) fish caught
legally in unlimited numbers
within federal waters (EEZ)
off Louisiana were being
landed in Texas; and 3)
this excessive harvest compromises
the biological viability
of the species within Sabine
Lake.

Staff has reviewed this
issue, and finds 1) Texas
Parks and Wildlife (TPW)
recreational harvest data
indicate that few individuals
landing fish in Texas exceeded
Texas bag limits; 2) landing
unlimited numbers of fish
in Texas from the EEZ is
already illegal; and 3)
TPW resource monitoring
data for Sabine Lake indicate
population trends of these
three species have improved
over the last 10 years.

Staff will recommend denial
of the petition.

ITEM 5: ACTION – Petition
for Rulemaking – Quail
Season

Presenter: Dr. Gary Graham

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item could be
eligible for consent
agenda.

This item presents a petition
for rulemaking received
by the Department. The petitioners
request that the opening
day of quail season be moved
from the Saturday closest
to November 1 to the last
Saturday in October.

Staff has reviewed the
petition and finds that
no biological implications,
positive or negative, would
result from implementing
the petitioner’s request.
Staff recommends that the
item be included in the
rulemaking process for the
2001-2002 Statewide Hunting
and Fishing Proclamation.

ITEM 6: ACTION – Managed
Lands Deer Permits

Presenter: Dr. Jerry Cooke

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item could be
eligible for consent
agenda.

This item amends the Statewide
Hunting and Fishing Proclamation
to make Level 2 and Level
3 MLD permits valid during
any open white-tailed deer
season, rather than until
the end of January.

ITEM 7: ACTION – Statewide
Aquatic Vegetation Management
Rules

Presenter: Robert Sweeney

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item could be
eligible for consent
agenda.

This item asks the Commission
to adopt regulations to
implement HB 3079 of the
76th Legislature,
relating to the statewide
aquatic vegetation management
plan. These regulations
would:

Create a statewide plan
that requires aquatic
vegetation management
to be consistent with
the principles of integrated
pest management as described
in a guidance document
to be prepared by the
Department

Require that the guidance
document encourage beneficial
aquatic vegetation where
appropriate, encourage
addressing the root causes
of nuisance aquatic vegetation
problems, and support
monitoring, assessment,
research, public participation,
and education intended
to address nuisance aquatic
vegetation problems with
the least possible hazard
to persons, property,
and the environment

Allow the Department
to disapprove aquatic
vegetation control measures
that are inconsistent
with the state plan

Allow for adoption of
local plans if they are
at least as stringent
as the state plan and
create procedures for
approval of local plans

FINANCE COMMITTEE
November 8, 2000

ITEM 1: BRIEFING – Chairman’s
Charges

ITEM 2: BRIEFING – Financial
Review Update

Presenter: Suzy Whittenton

ACTION: Committee
review and discussion.

Staff will present a financial
review for the year to day
FY2001, including an update
on Account 9, Game, Fish
and Water Safety and account
64, State Parks. This presentation
will focus on the sale of
hunting and fishing licenses,
boat registration and titling
fees, and state park fees.
Updated budget and expenditure
information will be also
be presented.

ITEM 3: ACTION – Artwork

Presenter: Frances Stiles

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item could be
eligible for consent
agenda.

This item provides the
Commission the opportunity
to review and approve the
artwork utilized for the
annual stamp and print program
for Waterfowl, Saltwater,
Turkey, and Nongame.

ITEM 4: BRIEFING – Point-of-Sale
Update

Presenter: Jayna Burgdorf

ACTION: Committee
review and discussion.

The update on replacement
of the license sales system
will include the status
of the development project
with MCI WorldCom and policy
changes associated with
the new system.

CONSERVATION COMMITTEE
November 8, 2000

ITEM 1: BRIEFING – Chairman’s
Charges

ITEM 2: BRIEFING – Texas
Tech Study

Presenter: Andrew Sansom/Lydia
Saldana

ACTION: Committee
review and discussion.

Texas Parks and Wildlife
has contracted with Texas
Tech University to conduct
a comprehensive research
study that will assist state
leadership in charting a
conservation course for
the future.

This item will:

Phase I is a public
opinion survey led by
Mark Duda of Responsive
Management Inc, who is
nationally known for work
examining human and social
factors impacting wildlife
conservation.

Phase II is a statewide
needs assessment for outdoor
recreation and natural
and cultural resource
conservation, led by Clif
Ladd of Loomis Austin.

ITEM 3: BRIEFING – S.B.
1

Presenter: Larry McKinney

ACTION: Committee
review and discussion.

Texas Parks and Wildlife
(TPW) staff has worked closely
with the Texas Natural Resource
Conservation Commission,
the Texas Water Development
Board (TWDB), and the sixteen
regional planning groups
established in Senate Bill
1 by the 75th Legislature.
The regional plans are now
complete and have been forwarded
to the TWDB for review and
compilation into a state
plan by January 0f 2002.

The briefing will summarize
TPW staff efforts to support
regional planning groups,
assess environmental aspects
of the regional plans, and
discuss future actions as
related to TPW’s role
in development the state
plan.

ITEM 4: ACTION – Land
Sale – Nacogdoches
County (Alazan Bayou WMA)

Presenter: Jack Bauer

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item is not eligible
for consent agenda.

Land sale at Alazan Bayou
WMA to Nacogdoches County
for the purpose of widening
FM 2782

Improvement to the road
is a scheduled upgrade
by the Texas Department
of Transportation for
which the County is responsible
for providing ROW

The road improvement
will significantly improve
access to the Alazan Bayou
WMA facility by the public

The sale price is based
on a current appraisal
of fair market value

ITEM 5: ACTION – Land
Acquisition – Kendall
County (Old Tunnel WMA)

Presenter: Jack Bauer

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item is not eligible
for consent agenda.

Land Acquisition of an
approximate 5.61-acre lot
adjacent to Old Tunnel WMA
for the purpose of providing
space to construct a 100-space
parking lot in support of
public visitation.

This is the lowest-cost
total project cost option

Funding for this acquisition
is recommended from revenue
generated from the sale
of the Pelton property

This acquisition and
parking lot construction
will greatly improve traffic
safety for visitors to
the Old Tunnel facility
as well as for residents
to the adjacent Alamo
Springs Ranch Subdivision

This acquisition and
associated capital construction
project will greatly improve
the management of the
facility

ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.

CONSENT: This
item is not eligible
for consent agenda.

Land acquisition of approximately
2,036 acres adjacent to
Palo Duro Canyon State Park
is recommended.

Purchase property for
$1.2 million

Continue discussions
with Amarillo Area Foundation
regarding a possible endowment
for the park

Protect viewshed of
park

No additional operating
funds will be needed since
the property can be managed
with existing staff

AD HOC INFRASTRUCTURE COMMITTEE
November 8, 2000

ITEM 1: BRIEFING – Chairman’s
Charges

ITEM 2: BRIEFING – Bond
and Capital Program Update

Presenter: Scott Boruff

ACTION: Committee
review and discussion.

Briefing on the status
of the Bond and Capital
Program. The report will
reflect project status of
each bond issue, current
status of capital dollars
expended, and projected
expenditure goals.

AD HOC OUTREACH COMMITTEE
November 8, 2000

ITEM 1: BRIEFING – Chairman’s
Charges

ITEM 2: BRIEFING – Statewide
and Regional Outreach
Initiative Update

Presenter: Bob Murphy

ACTION: Committee
review and discussion.

This briefing provides
the Committee with an update
on agency efforts to implement
a comprehensive statewide
and regional outreach effort
including the following
strategies:

Planning, staff, and
coordination of regional
outreach efforts in Houston,
Dallas/Ft. Worth and San
Antonio

Organization of staff
around a department-wide
outreach theme such as "Outdoor
Kids"

Contracts for services
with intermediary outreach
groups and summer pilot
accomplishments in Houston
and Dallas

Continued funding of
Community Outdoor Outreach
Program grants

Coordination with planning
at Sheldon Lake State
Park (Houston), Cedar
Hill State Park (Dallas)
and at Government Canyon
(San Antonio)

A department-wide supplemental
has been approved to hire
regional specialists to
direct outreach efforts
in Houston, Dallas and San
Antonio. Resource Protection
and Education staff organization
has been realigned to coordinate
the statewide outreach strategic
plan including these regional
efforts. Outreach efforts
will be coordinated across
divisions via the existing Education
(and Outreach) Team.
A recap of planning efforts
and contracted services,
including the successes
of regional pilots in Houston
and Dallas, will be provided.
Status of outreach efforts
to be included in planning
efforts at Sheldon Lake
SP, Cedar Hill SP and Government
Canyon SNA will be discussed.

This item seeks adoption
of proposed rulemaking required
by House Bill 1, 75th Legislature,
which requires the Department
to review all regulations
and either repeal, amend,
or readopt them. The item
addresses a suite of regulations
31 TAC including:

Chapter 51 – Executive

Chapter 52 – Fisheries
and Wildlife

Chapter 55 – Law
Enforcement

Chapter 61 – Design
and Construction

ITEM 4: ACTION – Petition
for Rulemaking

Presenter: Robin Riechers

ACTION: Commission
consideration for
adoption.

Landed in Texas Comply
with Established Texas Bag
and Size Limits.

On August 30, 2000, Mr.
Jerry Norris presented a
petition for rulemaking
that was signed by 569 individuals
(Exhibit A) to the Commission.
The petition requests that
any spotted seatrout, flounder
or red drum landed in the
counties of Jefferson and
Orange, Texas must meet
with established Texas bag
and size limits required
for those fish.

Mr. Norris and the petitioners
expressed the following
concerns about populations
of spotted seatrout, flounder
and red drum in Sabine Lake:
1) a large number of anglers
were landing Louisiana limits
in Texas; 2) fish caught
legally in unlimited numbers
within federal waters (EEZ)
off Louisiana were being
landed in Texas; and 3)
this excessive harvest compromises
the biological viability
of the species within Sabine
Lake.

Staff has reviewed this
issue, and finds 1) Texas
Parks and Wildlife (TPW)
recreational harvest data
indicate that few individuals
landing fish in Texas exceeded
Texas bag limits; 2) landing
unlimited numbers of fish
in Texas from the EEZ is
already illegal; and 3)
TPW resource monitoring
data for Sabine Lake indicate
population trends of these
three species have improved
over the last 10 years.

Staff will recommend denial
of the petition.

ITEM 5: ACTION – Statewide
Aquatic Vegetation Management
Rules

Presenter: Steve Hall

ACTION: Commission
consideration for
adoption.

This item asks the Commission
to adopt regulations to
implement HB 3079 of the
76th Legislature,
relating to the statewide
aquatic vegetation management
plan. These regulations
would:

Create a statewide plan
that requires aquatic
vegetation management
to be consistent with
the principles of integrated
pest management as described
in a guidance document
to be prepared by the
Department

Require that the guidance
document encourage beneficial
aquatic vegetation where
appropriate, encourage
addressing the root causes
of nuisance aquatic vegetation
problems, and support
monitoring, assessment,
research, public participation,
and education intended
to address nuisance aquatic
vegetation problems with
the least possible hazard
to persons, property,
and the environment

Allow the Department
to disapprove aquatic
vegetation control measures
that are inconsistent
with the state plan

Allow for adoption of
local plans if they are
at least as stringent
as the state plan and
create procedures for
approval of local plans

ITEM 6: ACTION – Managed
Lands Deer Permits

Presenter: Dr. Jerry Cooke

ACTION: Commission
consideration for
adoption.

This item amends the Statewide
Hunting and Fishing Proclamation
to make Level 2 and Level
3 MLD permits valid during
any open white-tailed deer
season, rather than until
the end of January.

ITEM 7: ACTION – Artwork

Presenter: Frances Stiles

ACTION: Commission
consideration for
adoption.

This item provides the
Commission the opportunity
to review and approve the
artwork utilized for the
annual stamp and print program
for Waterfowl, Saltwater,
Turkey, and Nongame.

ITEM 8: BRIEFING – DU
Texas CARE Announcement

Presenter: Vernon Bevill

ACTION: Commission
review and discussion.

Texas CARE (Conservation,
Agriculture, Resources and
the Environment) is a partnership
between TPW and DU and will
be the umbrella under which
DU will carry out all of
its conservation and fundraising
work in Texas. It will include
Texas Prairie Wetlands Program,
MARSH, and any new initiatives
undertaken on public or
private lands. Texas CARE
will include three priority
areas: (1) Gulf Coast, (2)
East Texas and Pineywoods,
and (3) Playa Lakes. There
will be other "special projects" that
may be outside these priority
areas, but will be consistent
with the mission.

ITEM 9: ACTION – Land
Sale – Nacogdoches
County (Alazan Bayou WMA)

Presenter: Jack Bauer

ACTION: Commission
consideration for
adoption.

Land sale at Alazan Bayou
WMA to Nacogdoches County
for the purpose of widening
FM 2782

Improvement to the road
is a scheduled upgrade
by the Texas Department
of Transportation for
which the County is responsible
for providing ROW

The road improvement
will significantly improve
access to the Alazan Bayou
WMA facility by the public

The sale price is based
on a current appraisal
of fair market value

ITEM 10: ACTION
- Land Acquisition Kendall
County (Old Tunnel WMA)

Presenter: Jack Bauer

ACTION: Commission
consideration for
adoption.

Land Acquisition of an
approximate 5.61-acre lot
adjacent to Old Tunnel WMA
for the purpose of providing
space to construct a 100-space
parking lot in support of
public visitation.

This is the lowest-cost
total project cost option

Funding for this acquisition
is recommended from revenue
generated from the sale
of the Pelton property

This acquisition and
parking lot construction
will greatly improve traffic
safety for visitors to
the Old Tunnel facility
as well as for residents
to the adjacent Alamo
Springs Ranch Subdivision

This acquisition and
associated capital construction
project will greatly improve
the management of the
facility

ITEM 11: ACTION – Land
Acquisition – Randall
County

Presenter: Karen Leslie

ACTION: Commission
consideration for
adoption.

Land acquisition of approximately
2,036 acres adjacent to
Palo Duro Canyon State Park
is recommended.

Purchase property for
$1.2 million

Continue discussions
with Amarillo Area Foundation
regarding a possible endowment
for the park

Protect viewshed of
park

No additional operating
funds will be needed since
the property can be managed
with existing staff